EB-3 Sustained — Construction (2006): established its continuing ability to pay the proffered

Decision Summary

The appeal was sustained because the petitioner successfully demonstrated its continuing ability to pay the proffered wage from the priority date onward. The director had initially denied the petition based on this single issue, but the AAO reviewed new evidence on appeal, including tax returns and financial statements, and found that the petitioner had sufficient funds to cover the salary.

Criteria Discussed

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